Search Legislation

Investigatory Powers Act 2016

Status:

This is the original version (as it was originally enacted).

233Functions under other Parts and other enactments
This section has no associated Explanatory Notes

(1)The Investigatory Powers Commissioner and the other Judicial Commissioners have the functions that are exercisable by them by virtue of any other Part of this Act or by virtue of any other enactment.

(2)In Part 3 of the Police Act 1997 (authorisations of action in respect of property: approval by Commissioners)—

(a)in sections 96(1), 103(7)(b) and (8), 104(3) to (8) and 105(1) and (2) for “Chief Commissioner” substitute “Investigatory Powers Commissioner”,

(b)in sections 96(1), 97(1)(a) and 103(1), (2), (4) and (5)(b) for “a Commissioner appointed under section 91(1)(b)” substitute “a Judicial Commissioner”,

(c)in sections 96(4), 97(4) and (6) and 103(3) and (6) for “a Commissioner” substitute “a Judicial Commissioner”,

(d)in section 103(7) for “a Commissioner” substitute “a Judicial Commissioner (other than the Investigatory Powers Commissioner)”,

(e)in section 104(1) for “Chief Commissioner” substitute “Investigatory Powers Commissioner (except where the original decision was made by that Commissioner)”,

(f)in section 104(3) and (8)(a) for “the Commissioner” substitute “the Judicial Commissioner concerned”,

(g)in section 105(1)(a)(ii) and (b)(ii) for “the Commissioner” substitute “the Judicial Commissioner”, and

(h)in sections 97(5) and 103(9) for “A Commissioner” substitute “A Judicial Commissioner”.

(3)In Part 2 of the Regulation of Investigatory Powers Act 2000 (surveillance and covert human intelligence sources: approval by Commissioners)—

(a)in sections 35(1) and (4), 36(2)(a) and (5) and 37(2) to (6) and (8) for “an ordinary Surveillance Commissioner”, wherever it appears, substitute “a Judicial Commissioner”,

(b)in sections 35(2)(b), 36(6)(g), 37(9)(b), 38(1) and (4) to (6) and 39(1), (2) and (4) and in the heading of section 39 for “Chief Surveillance Commissioner”, wherever it appears, substitute “Investigatory Powers Commissioner”,

(c)in sections 35(3)(a) and 36(4)(a) and (b) for “Surveillance Commissioner” substitute “Judicial Commissioner”,

(d)in section 37(8)(b) for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner (if he is not that Commissioner)”,

(e)in section 38(1)(a) for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner (other than the Investigatory Powers Commissioner)”,

(f)in sections 38(5)(b) and 39(1)(b) for “ordinary Surveillance Commissioner” substitute “Judicial Commissioner”, and

(g)in the heading of section 38 for “Surveillance Commissioners” substitute “Judicial Commissioners”.

(4)In Part 3 of the Act of 2000 (investigation of electronic data protected by encryption etc.)—

(a)in section 51(6) (notification to Intelligence Services Commissioner or Chief Surveillance Commissioner of certain directions relating to the disclosure of a key to protected information) for the words from “done so” to the end substitute “done so to the Investigatory Powers Commissioner”,

(b)in section 54(9) (tipping-off: protected disclosures to a relevant Commissioner) for “relevant Commissioner” substitute “Judicial Commissioner”,

(c)in section 55(7) (court to have regard to opinion of a relevant Commissioner in certain circumstances relating to a disclosed key) for “relevant Commissioner” substitute “Judicial Commissioner or the Investigatory Powers Commissioner for Northern Ireland”, and

(d)omit sections 54(11) and 55(8) (definitions of “relevant Commissioner”).

(5)In the Regulation of Investigatory Powers (Scotland) Act 2000 (2000 asp 11) (surveillance and covert human intelligence sources: approval by Commissioners and review by the Chief Commissioner)—

(a)in sections 13(1) and (4), 14(1)(a) and (4) and 15(1) to (5) and (7) for “an ordinary Surveillance Commissioner”, wherever it appears, substitute “a Judicial Commissioner”,

(b)in sections 13(2)(b), 15(8)(b), 16(1) and (4) to (6) and 17 and in the heading of section 17 for “Chief Surveillance Commissioner”, wherever it appears, substitute “Investigatory Powers Commissioner”,

(c)in sections 13(3)(a) and 14(3)(a) and (b) for “Surveillance Commissioner” substitute “Judicial Commissioner”,

(d)in section 15(7)(b) for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner (if the Commissioner is not that Commissioner)”,

(e)in section 16(1)(a) for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner (other than the Investigatory Powers Commissioner)”,

(f)in sections 16(5)(b) and 17(1)(b) for “ordinary Surveillance Commissioner” substitute “Judicial Commissioner”, and

(g)in section 16(5) for “ordinary Surveillance Commissioner’s” substitute “Judicial Commissioner’s”.

(6)In Part 2 of the Regulation of Investigatory Powers (Covert Human Intelligence Sources: Relevant Sources) Order 2013 (S.I. 2013/2788) (notification of certain authorisations to, and approval of certain authorisations by, ordinary Surveillance Commissioner)—

(a)in article 4(1), for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner”,

(b)in article 5(8) and the heading of Part 2, for “ordinary Surveillance Commissioner” substitute “Judicial Commissioner”,

(c)in article 6(1) and (3) for “Chief Surveillance Commissioner” substitute “Investigatory Powers Commissioner”,

(d)in article 6(1) for “an ordinary Surveillance Commissioner” substitute “a Judicial Commissioner (other than the Investigatory Powers Commissioner)”, and

(e)in the heading of article 6 for “Surveillance Commissioners” substitute “Judicial Commissioners”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources